Minutes of Conservation Commission Public Meeting
Date: March 3, 2010
Time: 4:00 pm
Location: Town Hall Hearing Room
Commissioners Present: Co-Chair Ginie Page, Co-Chair Terry Gips, Patrick Winslow, Ed Simpson, Trudy Vermehren and John DiBlasio.
Regrets: Lauren McKean
Staff Present: Agent Hillary Greenberg-Lemos, Assistant Agent Andrew Petty and Christine Bates, Committee Secretary
4:00 - Business Meeting & Conservation Agent's Report
Co-Chair Ginie Page opened the Business meeting at 4:05 pm.
David Lajoie and Attorney Ben Zehnder represented 15 LeCount Hollow Rd (Boulangerie) requesting a field change to build a deck over the patio area. The original proposal was for a shell patio. The decking will reduce the number of steps to the outside dining area as well as provide a more pleasant area for diners. They would like to maintain the same order of conditions. John DiBlasio moved to accept a field change with the same conditions; seconded by Terry Gips; passed 6-0.
Chris Wickson of East Cape Engineering reported that the Wellfleet Market has no change in status. He stated they have had a discussion with the abutter to hook up to public water supply, but no decision has been made as yet. Agent Greenberg-Lemos reported several tickets had been issued to Mr. Lema for failure to upgrade the septic system and a warrant was issued to him from the court.
Lee Clark and Evan Bruinooge spoke to the commission regarding trees cut on the property of Debra Loewenberg in Paine Hollow. They reported that she gave them permission to top and cut trees on her property. They said they believe that she had received permission from the Conservation Commission. It was reported there was cutting done two years ago on the property without permission from the Conservation Commission. Agent Greenberg-Lemos stated a letter would be sent to Loewenberg with a copy to Clark and Bruinooge, requiring that a management plan for the coastal bank be developed and submitted to the Commission before any additional work is performed. Part of the plan should include the removal of downed trees, branches and other debris as well as plants to replace trees with appropriate species. The Commission also requested a site plan identifying what trees have been cut. The Commission determined they would fine her $200 for each tree measuring 5” DBH in diameter damaged
or cut.
Terry Gips had a discussion with Derek Polanski regarding the cutting of trees on State property and told him again that the Commission could not grant approval for cuttings on property not owned by him.
Andrew Petty read the definition of pruning and will look for the vista pruning guidelines. Cuttings were also done on 420 Cove Road without permission and Agent Greenberg-Lemos will send a letter to the owner of the property.
The Commissioners recommended sending a mailing to property owners who may need information on vista pruning and tree cutting if there is any postage money available at the end of Fiscal Year 2010. Ed Simpson suggested writing an article for the Banner or Cape Codder.
Co-Chair Terry Gips will make the presentation at Town Meeting for the conservation articles on the Warrant. The Commission will review the Town Warrant articles identified for its approval and vote at the March 17, 2010 meeting.
Paperwork was distributed from Attorney Hoyt regarding the Woods property/issues. Agent Greenberg- Lemos requested the commission review the paperwork.
Agent Greenberg-Lemos reported Martin Reilley is scheduled for arraignment on March 9, 2010 for
non-criminal citations.
Mail: NSTAR Plan for right of way management and Agent Greenberg-Lemos’ Guidelines to reduce herbicide usage on private property.
Jurisdictional Opinions:
· 42 Indian Neck Rd., remove blacktop to create a parking area and patio. Andrew Petty stated it is a substantial project. John DiBlasio moved to request an RDA be submitted; seconded by Patrick Winslow; passed 6-0.
· 155 Pine Point Rd, remove vines. Terry Gips moved to approve the Jurisdictional Opinion; seconded by Ed Simpson; passed 6-0.
Public Hearings 5:00 pm:
5:02 pm
Pyles, 180 Bayberry Lane, Map 41, Parcel 122, Request for three year extension. Keith Fernandez of John O’Reily stated the original order of conditions were issued on 3/31/05 and an extension was granted to January 2011. The Commission discussed how many extensions could be granted and if the order of conditions would still be valid. Patrick Winslow moved to approve a three year extension to 03/03/13; seconded John DiBlasio; passed 6-0.
5:15 pm
MA Audubon, 291 State Highway, Map 46, Parcel 16: RDA, Repair to Boardwalk. Dennis Murley of MA Audubon, stated the boardwalk has been in place for 26 years and requires repairs. The spacing of slats will be changed to 1” to 1 ¼” apart. There will be no new digging and the repairs will stay within the footprint. Several sections had been swept away and ice has done damage. There was discussion regarding removing the last sections towards the beach during the winter months. John DiBlasio moved to identify this as a Negative 2 and approve the repair to the Boardwalk; seconded by Terry Gips; passed 6-0.
5:25 pm
Boratko, 40 Beach St., Map 35, Parcel 9: Use/easement of Town owned Conservation land. Attorney Ben Zehnder and Emily Beebe represented the Boratko’s and Zehinder stated if the Commission approved the use of the land, it would go before Town Meeting. Beebe described various options including one that involved a shared well between Boratko and Parcel 10 which could be placed on Town owned land. There was discussion regarding Boratko’s location for a septic system upgrade. Beebe stated a tight tank would be a last resort, and it would have a difficult time being approved by DEP. The Commission discussed the detriments of both the easement on Town property and the placement of the septic system on the Boratko property within the buffer zone. Zehnder stated that with an
easement, the Commission would continue to control the property and that its use would not change. Agent Greenberg-Lemos asked what would happen if the town required the land for wastewater purposes 20 years from now, what conditions would be placed in the agreement. Zehnder stated he drafted paperwork identifying the liabilities, maintenance, etc. for the use of town property. There was discussion placing the S.A.S. directly on the westerly half of Water Street, a private, minimally-used paper road adjacent to the town-owned parcel. This would not require an easement on town property for the well. Attorney Zehnder stated he would like to get new plans to the Commission as well as rework the wording for the March 17, 2010 meeting. The commissioners will make another site visit. Trudy Vermehren moved to continue to 3/17/10; seconded by John DiBlasio; passed 6-0.
6:05 m
Perot, 36 Indian Neck Rd., Map 28, Parcel 45, NOI, demolition of existing dwelling and reconstruction of new dwelling. Sibel Asantugrul and Jason Ellis represented the applicant. Ellis gave an overview of the property topography as well as the vegetation on the property. The current dwelling is located on the highest elevation point of the property and offers views, so the proposal for the new house is to locate it close to the existing footprint. Asantugrul explained that the proposed dwelling is green and the plantings would help control water flow as well as protect any wetlands. The existing dwelling is 832 sq ft, but the dimensions indicate that it covers 862 sq. ft.. The existing dwelling requires replacement in order to meet building codes. The client would prefer to
demolish the building rather than trying to rebuild section-by-section on its current footprint. Calculations of disturbance were provided for the 50 foot and 100 foot buffer zones. The green roof of the garage eliminates hardscape, is vegetated, and absorbs water. The site plan did not identify the ACEC line. Nor was a variance requested in the NOI. The Commissioners requested further clarification of the disturbances within the 50 foot buffer zone and the 100 foot buffer zones. Asantugrul stated there would be more than 6,000 square feet of disturbance. Ginie Page stated she would like to see the dwelling moved back from the coastal bank and that disturbance resulting from stones, rocks, in the current plan be reduced or eliminated.. Ed Simpson pointed out that the house is almost double in size within the 50 foot buffer zone. It was recommended the rain basin be enlarged. Eric Juster, abutter, read a letter
expressing his concerns regarding environmental issues, habitat issues, solar panels, the height of the proposed building, privacy issues, etc. The commission requested a plan for the driveway runoff which could include swales or a drain. There was further discussion regarding putting the proposed dwelling on the existing footprint with a 2nd story. Asantugrul presented an alternate plan reducing the amount of square footage of the building as well as reducing the number of rocks/stones. Andy Petty recommended changing the garage area, removing pavers by the coastal bank and adding additional rain water tanks. John DiBlasio moved to continue to 3/17/10; seconded by Terry Gips; passed 6-0.
Terry Gips moved to adjourn at 7:25 pm ; seconded by John DiBlasio; passed 6-0.
Respectfully submitted,
Christine A. Bates, Committee Secretary
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